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Applicant Convicted of Sexual Offending Alleges Miscarriage of Justice
Nenna (a pseudonym) v The Queen [2021] VSCA 183 (24 June 2021) Applicant was convicted of sexual offending against child.  The Applicant, seeking leave to appeal against conviction and sentence, alleges that the judge made comments which gave rise to a substantial miscarriage of justice.  Facts: On 25 July 2019,  the applicant was found guilty of one charge of committing an indecent act with or in the presence of a child under 16 (charge 1) and three charges of incest (charges 2, 3 and 4).  On 13 September 2019, the applicant was sentenced to a total effective sentence of 18 years, with a non-parole period of 14 years.  The applicant, alleging substantial miscarriage of justice, seeks leave
Sentence for Charge of Sexual Assault Appealed by Applicant
Tobin (a pseudonym) v The Queen [2021] VSCA 180 (23 June 2021) The applicant was charged with sexual assault of a child under 16 and sexual penetration of a child under 12.  The applicant filed a leave to appeal against sentence alleging that the principles in Verdins applied.  The Court, in adjudicating the case, tackled the applicant's moderate personality disorder and whether the sentence was excessive.  Facts: The applicant pleaded guilty to one charge of sexual assault of a child under the age of 16 years, and to one charge of sexual penetration of a child under the age of 12 years.  He was sentenced, on 18 October 2019, to a total effective sentence of nine years’ imprisonment with a n
Parties Dispute Construction of Loan Agreement
Priority Lending Australia Pty Ltd v Martinsville Pty Ltd (No 2) [2021] NSWSC 850 (14 July 2021) Plaintiffs filed a claim for liquidation and possession.  Borrower and guarantors sought that the judgments be set aside.  The Court, in deciding the application to set aside, determined whether or not there exists a triable issue.  Facts: The borrower mortgaged the secured property to the first mortgagee in order to obtain a loan.  As the borrower did not have the income to repay the loan, the guarantors made the repayments.  Between July 2018 and September 2018, the first mortgagee issued default notices to the borrower.  On 20 January 2019, Mr Murray, the guarantors’ son and a finance broker a
Wife Seeking Interest from Matrimonial Home's Proceeds Against Husband
Kurzyp v Kurzyp [2021] NSWSC 851 (15 July 2021) The wife sought from former husband one-half interest in Liverpool townhouse against husband as well as an account of her share of rental income earned on the Liverpool property and appointment of statutory trustees for sale of the property. Husband opposes wife asserting that the property was purchased by him alone. The Court, in deciding relief, tackles issues of laches and estoppel. Facts: In 1983, the parties made arrangements to bring foreign currency to Australia. The parties purchased their family home in 1987. The couple separated in September 1998, reconciled in 2000 and separated again in about 2002.  The wife seeks a declaration that
Complaints Filed Against Abbot for Violating Buddhist Rules
Khmer Buddhist Temple Association Inc & Ors v Chhet & Ors (No 2) [2021] VSC 418 (14 July 2021) The Association, incorporated for religious purposes, issued complaints against the Abbot due to violations of certain Buddhist rules.  An application for injunction was filed against the Abbot.  The Court, in deciding whether or not the grant such application, considered principles such as balance of convenience and the least risk of injustice.  Facts: Khmer Buddhist Temple Association Inc (‘Association’) owns the premises at 99 Alexander Avenue Thomastown (‘premises’), where it conducts prayer meetings and community functions at the premises is known as the Eysanmeanchey Temple (‘temple’)
Legislative Council Oppose Commission's Request for Documents Pursuant to Investigation
THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF WESTERN AUSTRALIA -v- CORRUPTION AND CRIME COMMISSION [No 2] [2021] WASC 223 (13 July 2021) The Corruption and Crime Commission was conducting an investigation within the Parliament.  The Plaintiff brought an action asserting that the documents sought by the CCC were covered by parliamentary privilege.  Facts: Plaintiff Catherin Esther Doust brought an action for and on behalf of the Legislative Council, by resolutions of the Legislative Council on 5 and 25 September 2019.  The first defendant is the Corruption and Crime Commission (CCC), the second is Darren Foster or the Director General, and third Nigel Pratt was the person occupying the office
Quarantine Violator Appeals Sentence Imposed
AAN -v- BUTTERFIELD [2021] WASC 228 (13 July 2021) The appellant was charged for breaching the self-quarantine directions.  The appellant was convicted on his plea of guilty, sentenced with a term of imprisonment of 7 months with 2 months to be served immediately and 5 months suspended for 12 months.  He appeals such sentence alleging that there is miscarriage of justice.  Facts: On 29 December 2020, the appellant arrived at Perth airport from Victoria.  The Victorian Outbreak Recently Arrived Travellers Self-Quarantine Directions 2020 required persons travelling from Victoria between 21 December 2020 and 31 December 2020 to quarantine immediately.  The appellant was advised by the WA Police
Charges from Vehicular Accident Contested by Defendant
BAYER v POLICE [2021] SASC 86 (9 July 2021) The appellant was involved in a vehicular accident which had him charged with two counts of violation of the Road Traffic Act. He appealed the conviction and sentence by the Magistrate alleging that evidence for such is insufficient.  Facts: The appellant stood trial before a Magistrate due to an Information charging that he drove a motor vehicle in a culpably negligent manner causing harm to Shaun Adrian Taylor or two counts of violation of the Criminal Law Consolidation Act of 1935.  The first count was for “Causing harm (to Mr Taylor) by use of a vehicle” contrary to s 19A(3) of the Criminal Law Consolidation Act 1935 (the CLC Act) and the secon
Applicant Lodges Complaint Against Company Hiring Due to Discrimination
Han v More Cake Pty Ltd (Human Rights) [2021] VCAT 740 (9 July 2021) The applicant is a 50 year old man who applied for a baking assistant position at the respondent's bakery kitchen but was rejected.  The applicant filed with the VCAT a complaint against the respondent for violating the EO Act due to gender and age based discrimination.  Facts: Mr Han, aged in his fifties, filed an application to the Victorian Equal Opportunity and Human Rights Commission against More Cake Pty Ltd, which Lu Wang was trading as, alleging that he has been discriminated against in the area of employment on the basis of his age and gender.  Since Mr Han made an application with the Tribunal, the VCAT made initi
Breach of Duty Alleged Against Solicitor
Secured Lending 1 Pty Ltd v Mahmassani [2021] NSWSC 811 (7 July 2021) Cross-claimants were asked by their son to help repay his debts.  Their son used their home as security.  Cross-claimants assert that the solicitor failed to explain the loan agreement and mortgage, was negligent and breached retainer, and exhibited unconscionable, misleading and deceptive conduct. Facts: Plaintiff, commenced proceedings seeking judgment for the possession of land at 168 South Street, Rydalmere pursuant to a loan agreement and mortgage dated 26 September 2018 with Menara Traders Pty Ltd.  The company was registered by the defendants' son without their knowledge so that he could borrow funds with his parent
Minors Claim Expenses to Assist Recovery from School Riot
HQE v Victims of Crime Assistance Tribunal (Review and Regulation) [2021] VCAT 722 (5 July 2021) HQE and KRW, minors, were victims of a riot. They were granted financial assistance by VCAT.  They further claim expenses for security equipment, gym membership and self-defence instruction alleging that they have suffered both physical and psychological harm. Facts: On 19 May 2020, HQE and KRW applied to VCAT for a review of VOCAT's decision.  On March 2019, HQE and KRW, then aged 15 years, became victims of violence during an affray or 'near riot.'  During the hearing held by VOCAT on 19 May 2020, the applicants were awarded special financial assistance under section 8A of the Victims of Crime
Intro:- The principal question in this appeal is whether cl 24 of each mortgage is void and unenforceable as contrary to the public policy underpinning the Limitation of Actions Act 1974 (Qld) ("the Limitation Act"). Price v Spoor [2021] HCA 20 (23 June 2021) Facts:- The Limitation of Actions Act 1974 (Qld) ("the Limitation Act") contains provisions which prescribe the time within which actions founded upon simple contract or for the recovery of land or monies secured by a mortgage over land shall be brought. The principal question on this appeal is whether the parties to a mortgage may agree that the mortgagor will not plead the statutory limitation by way of defence to an action brought by
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